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PETERSEN v. CHICAGO, GREAT WESTERN RY. CO.

No. 12598.

138 F.2d 304 (1943)

PETERSEN v. CHICAGO, GREAT WESTERN RY. CO.

Circuit Court of Appeals, Eighth Circuit.

October 26, 1943.

Attorney(s) appearing for the Case

R. B. Hasselquist, of Omaha, Neb. (Donald S. Krause, of Omaha, Neb., on the brief), for appellant.

John L. Barton, of Omaha, Neb. (Norris Brown, Raymond M. Crossman, Ralph M. West, and Robert A. Fitch, all of Omaha Neb., on the brief), for appellee.

Before WOODROUGH, THOMAS, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

Under the Nebraska conflict of laws rule, lex loci delicti governs generally the basic rights and substantive incidents of actions brought in that state to recover damages for personal injuries sustained in another state.1 If such foreign law is not pleaded and proved, however, the Nebraska courts, like most states, apply the presumption that it is the same as the law of Nebraska.2<...

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